National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
The Committee notes the information contained in the Government’s report.
Article 3, paragraph 2(2), of the Convention. The Committee notes the information provided by the Government concerning the terms of reference of the National Council on Labour and Social Issues (NCLSI), which ensures the cooperation between the Government and the largest associations of employers and trade unions in implementing social policy and protecting citizens’ labour rights. It also notes that consultations refer, among others, to issues relating to the payment of wages, including the revision of the minimum wage. While bearing in mind the most serious outstanding problems concerning the membership of this consultative body, as referred to in the Committee’s latest observation on the application of Convention No. 87 and also in paragraph 44 of the 341st Report of the Committee on Freedom of Association, the Committee would be grateful if the Government would continue to provide concrete information on the activities of the NCLSI, especially with reference to the determination of minimum wage levels.
Article 4, paragraph 1. In response to its previous comment on this point, the Committee notes the Government’s explanations that the publicity of the minimum wage rates is ensured not only by publishing them in the Official Gazette and selected newspapers no later than five days after they are approved, but also by disseminating the relevant information in print and electronic forms through the National Legal Information Centre, the publications or databases of state public libraries, the broadcast on all the central television channels and on the National Legal Internet Portal, or by phone through the information services of the Ministry of Labour and Social Protection, labour committees and the municipal and district Labour and Social Protection Directorates.
Article 5 of the Convention and Part V of the report form. The Committee notes the information provided by the Government that, by virtue of Presidential Ordinance No. 54 of 28 January 2006, the minimum monthly wage currently stands at 156,900 Belarus roubles (approximately US$73) and the minimum hourly wage at 930 Belarus roubles (approximately US$0.43). It also notes that these rates are the same for workers in all branches and sectors. It would appreciate if the Government could continue to provide information on the practical application of the Convention, including, for instance, statistical information on the size of the workforce covered by the minimum wage legislation or on the evolution of the minimum wage rate as compared to the evolution of the minimum consumer budget in recent years, official documents on the operation of the minimum wage-fixing machinery such as the annual report of the NCLSI, extracts from reports of the labour inspection services showing the number and nature of any violations observed and sanctions imposed, etc.
The Committee notes the information provided by the Government in its report, in particular the enactment of the Labour Code of 26 July 1999 (Text No. 432).
Article 1, paragraph 1, of the Convention. The Committee notes that, under section 59 of the Labour Code, minimum wages are fixed by law taking into account the workers’ basic consumption needs, while collective agreements may provide for higher rates of remuneration. It also notes that, under section 2 of Act No. 124 of 17 July 2002 on wage fixing and the procedure of increasing minimum wages, minimum wage rates are reviewed, in consultation with the employers’ and workers’ organizations, on an annual basis having regard to forecasts for socio-economic development and are subject to indexation, account being taken of the inflation rate.
Article 3, paragraph 2(2). The Committee notes the information provided by the Government on the mandate and functioning of the National Council on Labour and Social Matters, especially with regard to the equal representation of the largest employers’ associations and trade unions. The Committee also notes with interest the issue of Presidential Decree No. 252 of 5 May 1999 approving the Regulations on the National Council on Labour and Social Matters. The Committee requests the Government to keep it informed of any new developments concerning the composition and terms of reference of this consultative body in respect of minimum wage fixing.
Article 3, paragraph 2(3). The Committee notes that the principle according to which minimum wages once fixed may not be subject to abatement is given effect in section 59 of the Labour Code and section 1(2) of the Presidential Decree No. 3 of 15 February 2002 which provide that the national minimum wage is binding on employers as the lowest permissible limit of labour remuneration of workers.
Article 4, paragraph 1. The Committee notes the Government’s indication that workers are informed of the minimum wage rates in force basically through the publication of any relevant legislative instrument in the official gazette (Nacionalnyj Reestr) as well as in certain newspapers. In this connection, the Committee wishes to recall paragraph 359 of its General Survey of 1992 on minimum wages, according to which the publication of minimum wage rates in the official gazette is not by itself sufficient to ensure that the employers and workers concerned are made aware of the rates in force. It requests therefore the Government to indicate any additional measures taken or envisaged to ensure that adequate publicity is given to minimum wage rates, for example, through the posting of notices in places where wages are paid or at the workplace, or by other similar means.
Article 5 and Part V of the report form. The Committee notes the Government’s indication that, under the Decision of the Council of Ministers No. 243 of 22 February 2002, the national minimum wage was set at 17,000 Belarus roubles per month, while by the Decision of the Council of Ministers No. 1211 of 1 September 2002, the minimum remuneration for the budgetary sector was established at 23,200 Belarus roubles per month. The Committee understands that the national minimum wage was last determined by the Decision of the Council of Ministers No. 59 of 20 January 2003 and now amounts to 40,670 Belarus roubles per month or 242 Belarus roubles per hour. The Committee would be grateful if the Government would continue supplying detailed information on the practical application of the Convention, including, for instance, the minimum wage rates in force by sector and occupational category, statistics on the number of workers covered by relevant legislation, inspection reports containing information on the number and nature of violations observed and penalties imposed, and any other particulars bearing on the operation of the minimum wage fixing machinery.
The Committee notes the information supplied in the Government's report in reply to its previous comments. It notes with interest that a National Council on Labour and Social Issues has been established in 1995. It requests the Government to supply further information on the composition and operation of this body in respect of minimum wage fixing.
The Committee also notes resolution No. 1124 of the Council of Ministers dated 28 August 1997 establishing the minimum wages in the public and private sectors at 220,000 roubles per month (the public sector) and 200,000 roubles per month (the private sector). It requests the Government to continue to provide, in accordance with Article 5 of the Convention and point V of the report form, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the data on the number and different categories of workers covered by minimum wage provisions where available; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.).
The Committee notes the detailed information supplied in the Government's first report.
Article 3, paragraph 2(2), of the Convention, in conjunction with Article 5. The Committee requests the Government to indicate the means by which the employers and employees concerned are associated in equal numbers and on equal terms in the operation of the minimum wage-fixing machinery, and to supply further information as to the composition and functioning of the minimum wage advisory boards.
Article 5, in conjunction with point V of the report form. The Committee requests the Government to supply data on the approximate number of workers who are covered by the minimum wage-fixing machinery and to continue to provide information in accordance with the provision of the Convention.